Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.
Xxxxx Fargo Name. The Manager shall not, without prior written consent of the Adviser: (i) use in advertising, publicity or otherwise the name of “Xxxxx Fargo,” including the name of Xxxxx Fargo & Co. or any of its affiliates, nor any trade name, trademark, trade device, service xxxx, symbol, logo or any abbreviation, contraction or simulation thereof owned by Xxxxx Fargo & Co. or any of its affiliates; or (ii) represent, directly or indirectly, that any product or any service provided by the Manager has been approved or endorsed by Xxxxx Fargo & Co. or any of its affiliates.
Xxxxx Fargo Name. The Manager shall not, without prior written consent of the Adviser: (i) use in advertising, publicity or otherwise the name of “Xxxxx Fargo,” including the name of Xxxxx Fargo & Co. or any of its affiliates, nor any trade name, trademark, trade device, service xxxx, symbol, logo or any abbreviation, contraction or simulation thereof owned by Xxxxx Fargo & Co. or any of its affiliates; or (ii) represent, directly or indirectly, that any product or any service provided by the Manager has been approved or endorsed by Xxxxx Fargo & Co. or any of its affiliates. The Fund(s) and the Adviser shall have permission to use the Manager’s name and information about the Manager as required by applicable law and in the marketing of the Fund in written materials relating to the Fund that refer to the Manager and/or the Manager’s investment strategy, including without limitation the Fund’s registration statement, shareholder reports and other offering documents and marketing materials prepared for distribution to shareholders of the Fund(s) or the public (such materials, the “Marketing Materials”). The Fund(s) and the Adviser agree to furnish such Marketing Materials to the Manager (via email at an address designated by the Manager from time to time), for its prior review and approval (which approval shall not be withheld or withdrawn as to information required by applicable law or in response to comments of regulatory or self-regulatory agencies and their staff and shall not in other respects be otherwise unreasonably withheld or withdrawn), provided the requirement for prior approval shall apply solely with respect to the use of the Manager’s name and information specifically concerning the Manager and its investment strategy and not to any other content of the Marketing Materials. If, following the furnishing of Marketing Materials, the Fund(s) or the Adviser do not receive a written response from the Manager with respect to such materials within one business day of its submission for approval, the content of such materials subject to the Manager’s approval shall be deemed accepted by the Manager. The Manager agrees that the Fund(s) and the Adviser may request that the Manager approve the use of a type of Marketing Material, and if approved by the Manager, that the Fund(s) and the Adviser need not obtain approval for each additional piece of Marketing Material that is of substantially the same type or form, unless such consent is withdrawn in writing by the Manager.
Xxxxx Fargo Name. The Manager shall not, without prior written consent of the Adviser: (i) use in advertising, publicity or otherwise the name of “Xxxxx Fargo,” including the name of Xxxxx Fargo & Co. or any of its affiliates, nor any trade name, trademark, trade device, service xxxx, symbol, logo or any abbreviation, contraction or simulation thereof owned by Xxxxx Fargo & Co. or any of its affiliates; or (ii) represent, directly or indirectly, that any product or any service provided by the Manager has been approved or endorsed by Xxxxx Fargo & Co. or any of its affiliates. In the event the Manager is no longer acting as a sub-advisor to any Fund, then the Adviser and Sub-Adviser shall promptly remove any reference to the Manager from all materials relating to the Trust. The Manager may use the performance of the Manager Portion in its performance information.
Xxxxx Fargo Name. The Manager shall not, without prior written consent of the Adviser: (i) use in advertising, publicity or otherwise the name of “Xxxxx Fargo,” including the name of Xxxxx Fargo & Co. or any of its affiliates, nor any trade name, trademark, trade device, service xxxx, symbol, logo or any abbreviation, contraction or simulation thereof owned by Xxxxx Fargo & Co. or any of its affiliates; or (ii) represent, directly or indirectly, that any product or any service provided by the Manager has been approved or endorsed by Xxxxx Fargo & Co. or any of its affiliates. The Manager hereby grants each of the Trust, the Adviser, the Sub-Adviser, the Fund(s)’ administrator, the Fund’s distributor and their affiliates and subsidiaries (each of the aforementioned, a “Fund Party”) a non-exclusive fully revocable license to use its name, the names of its affiliates, tradename, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof in the Trust’s and the Fund(s)’ disclosure documents, shareholder communications, advertising, sales literature and similar communications. The Manager may use the performance of the Manager Portion in its composite performance. In the event that the Manager is no longer acting as a sub-adviser to any Fund(s), then the Adviser shall promptly update the prospectus and statement of additional information relating to the Fund(s) to clearly disclose that the Manager is no longer acting in such capacity and shall update all other marketing materials to remove references to the Manager at the next periodic update thereof.
Xxxxx Fargo Name. The Manager shall not, without prior written consent of the Adviser: (i) use in advertising, publicity or otherwise the name of “Xxxxx Fargo,” including the name of Xxxxx Fargo & Co. or any of its affiliates, nor any trade name, trademark, trade device, service xxxx, symbol, logo or any abbreviation, contraction or simulation thereof owned by Xxxxx Fargo & Co. or any of its affiliates; or (ii) represent, directly or indirectly, that any product or any service provided by the Manager has been approved or endorsed by Xxxxx Fargo & Co. or any of its affiliates. The Manager may use the performance of the Manager Portion in its performance information. In the event that the Manager is no longer acting as a sub-adviser to any Fund(s), then the Adviser shall promptly update the prospectus and statement of additional information relating to the Fund(s) to clearly disclose that the Manager is no longer acting in such capacity and shall update all other marketing materials to remove references to the Manager at the next periodic update thereof.
